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THE PEOPLE, ETC., RESPONDENT, v. ANTHONY TISLON, APPELLANT. (Ind. No. 3752/97)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's challenges to various remarks made by the prosecutor during his summation are, for the most part, unpreserved for appellate review (see, CPL 470.05). The defendant failed to request curative instructions or move for a mistrial once the court sustained his objections and/or issued curative instructions (see, People v. Reeder, 221 A.D.2d 666; also, People v. Woodberry, 239 A.D.2d 448; People v. Bell, 152 A.D.2d 700). In any event, the contention is without merit.

The defendant's contention, raised in his supplemental pro se brief, that the showup identification by the complaining witness was improper is without merit. The showup identification in this case took place within 45 minutes of the crime and only about 100 yards away from the apartment building where the burglary occurred (see, People v. Andrews, 255 A.D.2d 328; People v. Rodney, 237 A.D.2d 541; People v. Yearwood, 197 A.D.2d 554; People v. Green, 125 A.D.2d 697, affd 70 N.Y.2d 860).

The defendant's remaining contention is without merit.

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PEOPLE v. TISLON
(Jan 11, 2001)